G95-04 Ordinance No. G95-04
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(The Traditions at Fitchie Creek - 1101 Nolan Road)
WHEREAS, written application has been made to reclassify certain property located at
1101 Nolan Road from a PSFR2 Planned Single Family Residence District to a PMFR Planned
Multiple Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and Development
Commission conducted a public hearing concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
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Section 1. That Chapter 19.07, Section 19.07.600 entitled"Official Zoning District Map"of
the Elgin Municipal Code, 1976, as amended,be and the same is hereby further amended by adding
thereto the following paragraph:
The boundaries herein before laid out in the Zoning District Map, as
amended, be and are hereby altered by including in the PMFR Planned Multiple
Family Residence District, the following described property:
PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
POINT OF INTERSECTION OF THE SOUTH LINE OF BOWES ROAD AS
ESTABLISHED BY DOCUMENT NUMBER 563250 WITH THE WEST LINE OF
SAID QUARTER, 832.22 FEET; THENCE EASTERLY ALONG A LINE
FORMING AN ANGLE OF 105 DEGREES, 09 MINUTES, 59 SECONDS WITH
THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM),
50.82 FEET TO THE EAST LINE OF NOLAN ROAD AS ESTABLISHED BY
DOCUMENT NUMBER 1232476 FROM THE POINT OF BEGINNING:
THENCE CONTINUING EASTERLY ALONG THE EXTENSION OF THE LAST
DESCRIBED COURSE, 1738.30 FEET: THENCE EASTERLY ALONG A LINE
FORMING AN ANGLE OF 165 DEGREES, 22 MINUTES, 54 SECONDS WITH
THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM)
687.73 FEET TO THE WEST LINE EXTENDED OF A TRACT CONVEYED TO
FRANZ AND HELGA STOCKMAN BY DOCUMENT NUMBER 1574591:
THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE 90 DEGREES,
00 MINUTES, 37 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM) BEING SAID WEST LINE
EXTENDED AND PARALLEL WITH THE EAST LINE OF SAID QUARTER. 34
FEET TO THE NORTH BANK OF FITCHIE CREEK: THENCE EASTERLY
NORTHERLY AND SOUTHEASTERLY ALONG THE NORTH BANK OF
FITCHIE CREEK. 183 FEET, MORE OR LESS, TO THE WEST LINE OF THE
EASTERLY 127.28 FEET OF SAID QUARTER (MEASURED ALONG THE
NORTH LINE OF SAID QUARTER): THENCE SOUTHERLY PARALLEL
WITH THE EAST LINE OF SAID QUARTER, 53 FEET TO A POINT THAT IS
1369.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID QUARTER:
THENCE EASTERLY PARALLEL WITH THE NORTH LINE FORMING AN
ANGLE OF 89 DEGREES, 48 MINUTES, 21 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM) 127.28 FEET
TO THE SAID EAST LINE; THENCE SOUTHERLY ALONG SAID EAST LINE,
1243.70 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND
CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
DOCUMENT NUMBER 1320007: THENCE NORTHWESTERLY ALONG SAID
NORTHERLY LINE FORMING AN ANGLE OF 63 DEGREES,47 MINUTES,19
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CONTERCLOCKWISE THEREFROM). 2902.55 TO THE EAST LINE OF
NOLAN ROAD; THENCE NORTHERLY ALONG SAID EAST LINE NOLAN
ROAD FORMING AN ANGLE OF 116 DEGREES,37 MINUTES, 37 SECONDS
WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTERCLOCKWISE THEREFROM), 399.44 FEET TO THE POINT OF
BEGINNING IN KANE COUNTY, ILLINOIS; ALSO THE ENTIRE RIGHT-OF-
WAY OF NOLAN ROAD WHICH LIES BETWEEN THE EXTENSIONS OF THE
NORTHERLY AND SOUTHERLY BOUNDARIES OF THE ABOVE
DESCRIBED PARCEL. IN KANE COUNTY, ILLINOIS;
PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE NORTH
1 DEGREE 5 MINUTES 52 SECONDS EAST ALONG THE WEST LINE OF
SAID SOUTHWEST QUARTER A DISTANCE OF 1291.52 FEET TO A LINE
THAT IS 1369.0 FEET, AS MEASURED PERPENDICULAR, SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST,PARALLEL
WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF
931.50 FEET TO A LINE THAT IS 931.34 FEET, AS MEASURED
PERPENDICULAR, EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID SOUTHWEST QUARTER; THENCE NORTH 1 DEGREE 5 MINUTES 52
SECONDS EAST,PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 1369.23 FEET TO THE NORTH LINE OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 40
SECONDS EAST ALONG SAID NORTH LINE A DISTANCE OF 166.17 FEET
TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE
SOUTH 00 DEGREES 22 MINUTES 21 SECONDS WEST ALONG THE EAST
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2653.35 FEET TO
THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE
SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST,ALONG THE SOUTH
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2664.39 FEET TO
THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART
CONVEYED TO NORTHERN ILLINOIS GAS COMPANY AS DOCUMENT NO.
1060370) DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE
WEST(NORTH 89 DEGREES 56 MINUTES 40 SECONDS WEST)ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 66.0 FEET;
THENCE SOUTHERLY (SOUTH 00 DEGREES 12 MINUTES 49 SECONDS
WEST),ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 50 MINUTES
31 SECONDS TO THE LEFT WITH THE NORTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 45.62 FEET; THENCE SOUTHEASTERLY
(SOUTH 12 DEGREES 22 MINUTES 32 SECONDS EAST), ALONG A
DIAGONAL LINE FORMING AN ANGLE OF 12 DEGREES 35 MINUTES 21
SECONDS (RECORD BEING 12 DEGREES 37 MINUTES 04 SECONDS) TO
THE LEFT WITH AN EXTENSION OF THE LAST DESCRIBED LINE, A
DISTANCE OF 2672.42 FEET(RECORD BEING 2672.81 FEET)TO A POINT IN
THE SOUTH LINE OF SAID SOUTHWEST QUARTER WHICH IS 1872.89 FEET
(AS MEASURED ALONG SAID SOUTH LINE) EAST OF THE SOUTHWEST
CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST (NORTH 89
DEGREES 54 MINUTES 18 SECONDS EAST),ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, A DISTANCE OF 66.0 FEET; THENCE
NORTHERLY(NORTH 1 DEGREE 8 MINUTES 42 SECONDS EAST),ALONG
A LINE FORMING AN ANGLE OF 88 DEGREES 45 MINUTES 36 SECONDS
TO THE LEFT WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A
DISTANCE OF 6.46 FEET (RECORD BEING 6.39 FEET) TO THE
INTERSECTION OF SAID LINE WITH A LINE DRAWN 66.0 FEET
NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE
NORTHWESTERLY (NORTH 12 DEGREES 22 MINUTES 32 SECONDS
WEST), ALONG SAID PARALLEL LINE, A DISTANCE OF 2672.90 FEET
(RECORD BEING 2673.33 FEET): THENCE NORTHERLY (NORTH 00
DEGREES 12 MINUTES 49 SECONDS EAST), A DISTANCE OF 38.52 FEET
(RECORD BEING 38.50 FEET); EXCEPTING THEREFROM THAT PART
THEREOF LYING NORTH OF A LINE THAT IS 1369.0 FEET,AS MEASURED
PERPENDICULAR, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF
SAID SOUTHWEST QUARTER AND EAST OF THE EASTERLY LINE OF
PREMISES CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY AS
DOCUMENT NO. 1060370,IN ELGIN TOWNSHIP,KANE COUNTY,ILLINOIS
(COMMONLY KNOWN AS 1101 NOLAN ROAD).
Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residence District which shall be designed,developed,and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment for multiple family attached
dwellings, subject to the provisions of Chapter 19.60 Planned Developments, of the
Elgin Municipal Code, 1976,as amended. The PMFR District is most similar to,but
departs from the standard requirements of, the MFR Multiple Family Residential
District.
B. Supplementary Regulations. Any word or phrase contained herein,followed by the
symbol "[SR]," shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin
Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PMFR zoning district,the use and development of land
and structures shall be subject to the provisions of Chapter 19.05,General Provisions,
of the Elgin Municipal Code, 1976, as amended.
r. D. Zoning Districts - Generally. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PMFR zoning district is located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PMFR zoning district exclusive of rights-of-way,but including
adjoining land or land directly opposite a right-of-way shall not be less than two
acres.
F. Land Use. In this PMFR zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code,
1976,as amended. The following enumerated"land uses"[SR] shall be the only land
uses allowed as a"permitted use" [SR] in this PMFR District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Two family attached dwellings" [SR] (UNCL).
3. "Attached single family dwellings" [SR] (UNCL).
4. "Residential garage sales" [SR] (UNCL).
5. "Residential occupations" [SR] (UNCL).
6. "Residential outdoor storage of firewood" [SR] (UNCL).
7. "Residential parking areas" [SR] (UNCL).
8. "Residential storage" [SR] (UNCL).
9. "Residential storage of trucks or buses" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
10. "Development sales office" [SR] (UNCL).
Services Division.
11. "Family residential care facility" [SR] (8361).
12. "Home child day care services" [SR] (8351).
13. "Residential Care Facility" [SR]
Construction Division.
14. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
15. "Amateur radio antennas" [SR] (UNCL).
16. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
17. "Radio and television antennas" [SR] (UNCL).
18. "Satellite dish antennas" [SR] (UNCL).
19. "Treatment,transmission,and distribution facilities:poles,wires,cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
20. "Fences and walls" [SR] (UNCL).
21. "Parking lots"[SR] (UNCL),exclusively"accessory"[SR],subject to the
provisions of Chapter 19.45, Off Street Parking.
22. "Refuse collection area" [SR]
23. "Signs"[SR] (UNCL),subject to the provisions of Chapter 19.50, Signs.
24. "Temporary uses" [SR] (UNCL).
25. "Accessory structures" [SR] (UNCL)to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
26. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PMFR zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL)on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively"accessory" [SR}.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60,
Planned Developments.
12. "Accessory structures" [SR] (UNCL)to the conditional uses allowed in
this PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PMFR zoning district,the use and development of
land and structures shall be subject to the provisions of Chapter 19.25.735, Site
Design, (MFR Multiple Family Residence District) of the Elgin Zoning Ordinance,
with the following departure:
Minimum Building Setback: The minimum building setback from a street lot line
shall be 20 feet.
In this PMFR zoning district, the use and development of land and structures shall
also be subject to the following conditions:
1. Substantial conformance to the Planned Development Plan for The Traditions
at Fitchee Creek, including the following plan sheets:
• General Development Plan,prepared by Lannert Group,dated March 23,
2004, last revised July 9, 2004.
• Preliminary Plan, prepared by Lannert Group, dated April 7, 2004, last
revised July 1, 2004.
• Classic Home Architecture, prepared by Roth Architects, dated July 4,
2003 and Building Elevation #1815, revised April 5, 2004 with color
enhancements August 25, 2004.
• Classic Home Architecture, prepared by Roth Architects, dated July 12,
2003 and Building Elevation #1824, revised April 5, 2004 with color
enhancements August 25, 2004.
• Classic Home Architecture, prepared by Roth Architects, dated July 2,
2003 and Building Elevation #1829, revised April 5, 2004 with color
enhancements August 25, 2004.
• Classic Home Architecture, prepared by Roth Architects, dated May 7,
2003 and Building Elevations #1877, 1958, 2101, 2193, 2313, revised
April 5, 2004 with color enhancements August 25, 2004.
• Club Home Architecture,prepared by Roth Architects,dated July 4,2003
and Building Elevations #1609, 1812, 1861, revised April 5, 2004 with
color enhancements August 25, 2004.
• Carriage Home Architecture, Elevations 1 & 2, prepared by Roth
Architects, dated April 10, 2003, revised April 5, 2004 with color
enhancements August 25, 2004.
• Clubhouse Plan, prepared by Lannert Group, dated July 28, 2003, last
revised October 1, 2003.
• Burnside's Traditions Product Size Summary, prepared by Lannert
Group, dated July 2, 2004.
• Typical Unit Landscaping, prepared by Lannert Group, dated
February 18, 2004.
• Landscape Features,prepared by Lannert Group,
- Sheet 1, Fitness trail and water features, dated August 5, 2003,
last revised June 10, 2004.
fink - Sheet 2, Intersection, entry, signage and lighting, dated August
21, 2003, last revised October 24, 2003.
• Preliminary Engineering Plan (sheets 1-3), prepared by Cowhey,
Gudmundson Leder, Ltd., dated March 29, 2004, last revised July 9,
2004.
2. All Classic Homes and Club Homes will have a minimum of 40%masonry
on the front elevation (as represented by Plan #1815, Elevation A in
"Traditions")with 2 foot masonry returns. Other building surfaces will be
heavy gauge vinyl siding. A minimum of 25-30%of the Classic Homes and
Club Homes will have 100%brick facades.
3. All Carriage homes will have masonry wainscoting on all elevations. Other
building surfaces will be heavy gauge vinyl siding.
4. Compliance with all other applicable codes and ordinances.
5. Except as hereinafter provided, at least one occupant of each occupied
residence on the subject property must be 55 years of age or older (the
"Qualifying Occupant") and no person under 18 years of age shall occupy or
reside in any dwelling on the subject property. In the event of the death of a
person who was the sole Qualifying Occupant of a dwelling on the subject
property,the spouse of such Qualifying Occupant may continue to occupy the
dwelling provided that the provisions of the United States Fair Housing Act,
as amended, and the Declaration of Covenants, Conditions and Restrictions
for the subject property are not violated by such occupancy. For the purposes
of this section, an occupant shall not be considered a permanent occupant
unless such occupant considers the dwelling to be his or her legal residence
and actually resides in the dwelling on the subject property for at least six
months during every calendar year or such shorter period as the dwelling on
the subject property shall be occupied by any person under the age of 18. For
purposes of this section, a dwelling shall be deemed to be "occupied"by any
person who stays overnight in the dwelling on the subject property more than
21 days in any 60 day period or more than 30 days in any 12 month period.
H. Off-street Parking. In this PMFR zoning district,off-street parking shall be subject
to the provisions of Chapter 19.45,Off-street Parking,of the Elgin Municipal Code,
1976, as amended.
Off-street Loading. In this PMFR zoning district,off-street loading shall be subject
to the provisions of Chapter 19.47,Off-street Loading,of the Elgin Municipal Code,
1976, as amended.
J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PMFR zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55,Amendments.A text
and map amendment may be requested by an individual lot or property owner for a
zoning lot without necessitating that all other property owners in this PMFR zoning
district authorize such an application.
L. Planned Developments. In this PMFR zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use
for a planned development may be requested by an individual lot or property owner
for a zoning lot without requiring an amendment to this PMFR zoning district and
without necessitating that all other property owners in this PMFR zoning district
authorize such an application.
M. Conditional Uses. In this PMFR zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment to
this PMFR zoning district and without necessitating that all other property owners in
this PMFR zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition of a
lot or property owner subject to this Ordinance,however, such variation is subject to
the provisions of Section 19.70,Variations, of the Elgin Municipal Code, as maybe
amended. A variation may be requested by an individual property owner for a zoning
lot without requiring an amendment to this PMFR zoning district and without
necessitating that all other property owners in this PMFR zoning district authorize
such an application.
0. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code,
1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage in
the manner provided by law.
Ed Schock, Mayor
Presented: December 1, 2004
Passed: December 1, 2004
Vote: Yeas: 5 Nays: 1
Recorded: December 2, 2004
Published:
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Attest: _
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Dolonna Mecum, City Clerk
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